cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Salman Al Faris
Contact Email
maqasid@um-surabaya.ac.id
Phone
+6289654453687
Journal Mail Official
maqasid@um-surabaya.ac.id
Editorial Address
http://journal.um-surabaya.ac.id/index.php/Maqasid/about/contact
Location
Kota surabaya,
Jawa timur
INDONESIA
Maqasid: Jurnal Studi Hukum Islam
Published by Universitas Muhammadiyah Surabaya
ISSN : 2252 528     EISSN : 26155622     DOI : 10.30651
Core Subject : Religion, Humanities, Science, Social,
Religion Humanities Astronomy Law, Crime, Criminology & Criminal Justice Social Sciences
Maqasid: Jurnal Studi Hukum Islam, adalah jurnal yang mempublikasikan hasil-hasil kajian dan penelitian orisinal dengan edisi terbaru dalam Studi Hukum Islam. Ruang Lingkup Jurnal Maqasid adalah (1) Hukum Islam (Islamic Law), (2) Hukum Keluarga Islam (Islamic Family Law), (3) Hukum Perkawinan Islam (Munakahat), (4) Hukum Kewarisan Islam (Mawaris), (5) Hukum Ekonomi Islam (Muamalah), (6) Ilmu Astronomi Islam (Falak), (7) Kajian Studi Hukum Islam.
Arjuna Subject : Seni dan Humaniora - Studi Agama
Articles 342 Documents
 22   23   24   25   26 
Kontroversi Praktik Pembagian Waris Pra-Kematian Dalam Perspektif Fiqih Kontemporer Yasin, Ahmad Alamuddin; Himam, Achmad Samil
Maqasid: Jurnal Studi Hukum Islam Vol. 14 No. 1 (2025): Maqasid Jurnal Studi Hukum Islam
Publisher : Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v14i1.26385

Abstract

This research aims to analyze the factors influencing changes in understanding and perception of pre-death inheritance practices and their implications on the laws of inheritance ownership according to Sharia principles. A case study method is employed to explore pre-death inheritance practices in Muslim families. Primary data are obtained from families practicing such methods, while secondary data are sourced from literature and books. Data collection techniques involve non-participatory observation, structured interviews, and literature review. The data analysis process entails reduction, validation, and critical literature review to identify patterns and key issues. In conclusion, not everything considered as inheritance by society can be deemed as such according to Sharia. Assets are divided into two categories: assets relinquished before the death of the deceased, which can be considered as gifts or endowments to heirs, and assets that can be controlled after the death of the deceased, subject to circumstances. Assets predetermined before death can be considered as testamentary arrangements if their proportions differ from Islamic inheritance laws. If the testamentary assets are less than one-third of the undesignated remaining assets, they can be accepted by the designated recipients without reducing their share of inheritance. However, if they exceed one-third of the inheritance, consent from other heirs is required. If any heir dissents, the testamentary arrangement is nullified, and all assets are treated as inheritance. Transactions in the distribution of assets are in accordance with Sharia and can be explained through Sharia-compliant agreements. However, it is crucial to scrutinize the transaction process to ensure the accuracy of the agreements and avoid misclassification of assets.
Pengaruh Media Sosial Terhadap Persepsi Hukum Islam di Kalangan Generasi Muda Studi Analisis Psikologis Tsalitsah, imtihanatul; Nur Tualeka, M. Wahid
Maqasid: Jurnal Studi Hukum Islam Vol. 14 No. 1 (2025): Maqasid Jurnal Studi Hukum Islam
Publisher : Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v14i1.26411

Abstract

Abstract: Social media has become an integral part of the daily lives of young people in Indonesia. With easy access to information, social media plays a significant role in shaping their perceptions of Islamic law. This study aims to analyze the influence of social media on perceptions of Islamic law and how psychological factors contribute to this process. Using a mixed-methods approach, data were collected through surveys and in-depth interviews with respondents from diverse backgrounds. The findings indicate that social media not only affects young people's understanding of Islamic law but also shapes their attitudes and behaviors toward its implementation. This study is expected to provide insights for policymakers and educators in designing more effective and relevant educational programs in line with the current digital dynamics. Keywords: social media, Islamic law, psychology
Perspektif Hukum Islam Tentang Tradisi Muang Cangcalah Bagi Masyarakat Karanganyar Kecamatan Bantaran Rizal, Saiful; Rusly, Fathullah; Yuliardy Nugroho, Irzak
Maqasid: Jurnal Studi Hukum Islam Vol. 14 No. 1 (2025): Maqasid Jurnal Studi Hukum Islam
Publisher : Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study discusses the Muang Cangcalah tradition carried out by the Karanganyar community, Probolinggo, as a response to death. This study uses a qualitative method in data collection. The tradition reflects social values such as empathy, solidarity, and preservation of local culture. From the perspective of Islamic law, this tradition can be categorized as ‘urf sahih as long as it is not accompanied by the belief that objects such as small change, coins, or yellow rice have supernatural powers to ward off disaster independently. As long as this practice is based on a straight intention and does not deviate from the creed of monotheism, then it does not conflict with Islamic law. However, if there are elements of belief that lead to shirk, guidance is needed to straighten out the community's understanding. This study recommends an educational approach in responding to this kind of tradition in order to maintain a balance between cultural preservation and the purity of Islamic creed. Keywords: Islamic Law, Muang Cangcalah, ‘Urf
Pemenuhan Hak Anak Pada Keluarga Long Distance Relationship Perspektif Fiqih Hadhanah: (Studi Kasus di Desa Gedangan Kec. Maduran Kab. Lamongan) Al Farisi, Salman; Taufiq Hidayat, Fiqanda
Maqasid: Jurnal Studi Hukum Islam Vol. 12 No. 2 (2023)
Publisher : Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v12i2.26757

Abstract

The phenomenon of the Long Distance Relationship (LDR) family has become a social reality that is increasingly found in various regions, including in Gedangan Village, Maduran District, Lamongan Regency. This condition poses its own challenges in fulfilling children's rights, both physically, emotionally, and spiritually. From the perspective of children's fiqh, parents have a greatresponsibility in fulfilling their children's basic rights, such as the rights of nurturing, education, protection, and affection. This study aims to analyze how the fulfillment of children's rights in LDR families is reviewed from the perspective of fiqh hadhanah, as well as the factors that affect it. This research uses a qualitative approach with a case study type. Data collection techniques are carried outthrough observation, in-depth interviews with LDR families and community leaders, and documentation. The data obtained were analyzed descriptive-qualitatively with normative and sociological approaches. The results of the study show that in LDR families in Gedangan Village, most of them still fulfill the rights of their children, namely by sending their children to school to get their educational rights, meeting all needs, seeking health, providing protection to their children, giving the right to worship to theirchildren, and maintaining communication between family members. Although fathers are nomadic and physically absent from their children's daily lives, children's rights in terms of nurturing, education, health, and spiritual formation remain fulfilled through the mother's dominant role as a gift as well as the father's financial involvement and long-distance communication. This parenting pattern is in accordance with the principle of hadhanah in fiqh, which prioritizes the protection and benefit of children, and reflects the implementation of family responsibility in caring for offspring (hifzh al-nasl) even in geographically not ideal family conditions such as LDR. This study recommends the need for collaborative parenting strategies and the use of technology to bridge emotional distance in LDR families. Keywords: Children's Rights, LDR Family, Hadhanah Fiqh, Parenting.
Tinjauan Hukum Islam Terhadap Putusan Fasakh Nikah di Pengadilan Agama Surabaya Perspektif Imam Syafi’i: (Studi Kasus Putusan Pengadilan Agama Surabaya No 2516/Pdt.G/2020/PA.Sby) Farisi, Salman Al
Maqasid: Jurnal Studi Hukum Islam Vol. 13 No. 2 (2024): Hukum Keluarga Islam
Publisher : Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v13i2.26766

Abstract

This study aims to examine and analyze the fasakh decision in divorce cases decided by the Surabaya Religious Court with Number 2516/Pdt.G/2020/PA. Sby, reviewed from the perspective of Islamic law Madzhab Imam Shafi'i. The background of this research is based on the phenomenon of increasing divorce lawsuits filed by wives on the grounds of syiqāq, the absence of maintenance, and the loss of responsibility of the husband, which in Islamic law is known as the basis of fasakh. Madzhab Imam Shafi'i has an important position in providing a normative foothold for family issues in classical Islamic law. This research uses a qualitative approach with a case study type of research. The data collection technique was carried out through the study of documents on copies of court decisions, classical literature, and contemporary Islamic legal literature. Data analysis was carried out by descriptive-analytical and comparative methods between the judge's arguments in the decision and the provisions in the view of Madzhab Shafi'i. The results of the study show that the basis of the judge's consideration in the decision is in line with the principles of fasakh according to Imam Shafi'i, especially in the aspect of the husband's non-fulfillment of obligations and also the wife's apostasy. The novelty of this study lies in the effort to directly compare contemporary legal decisions with the provisions of classical fiqh, so as to show the continuity between normative Islamic law and modern judicial practices in resolving family conflicts. Keywords: Fasakh of Marriage, Imam Shafi'i, Religious Courts, Islamic Family Law.
Internalisasi Nilai-Nilai Maqashid Syariah Dalam Psikoterapi Keluarga Muslim Ma’isyatuts Tsalitsah, Imtihanatul
Maqasid: Jurnal Studi Hukum Islam Vol. 13 No. 2 (2024): Hukum Keluarga Islam
Publisher : Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v13i2.27444

Abstract

This study aims to explore the internalization of the values of Maqashid Syariah in Muslim family psychotherapy, focusing on how Islamic principles can be integrated into family therapy to improve quality of life. Maqashid Syariah refers to the fundamental objectives or principles in Islam that serve as guidelines for various aspects of life, including psychotherapy. Muslim family psychotherapy, grounded in Islamic principles, is expected to have a positive impact on enhancing the mental, emotional, and social well-being of family members. This study uses a qualitative approach with a case study of Muslim families who have participated in family therapy sessions based on the values of Maqashid Syariah. The results indicate that values such as the preservation of religion (hifz ad-din), life (hifz an-nafs), intellect (hifz al-‘aql), lineage (hifz an-nasl), and wealth (hifz al-mal) can be internalized in family psychotherapy practice, leading to significant positive impacts on family relationships and helping them face life’s challenges in a more wise and balanced manner. Thus, applying the principles of Maqashid Syariah in family therapy not only improves the quality of relationships among family members but also strengthens their spiritual and mental closeness, ultimately contributing to overall family harmony. Keywords: Maqashid Syariah, Family Psychotherapy, Muslim Family Well-being,Islamic Values.
Tinjauan Maqashid Syariah Atas Perkawinan Beda Agama : (Analisis Komprehensif SEMA No. 2 Tahun 2023) Ibnu Hamzah, Saiful
Maqasid: Jurnal Studi Hukum Islam Vol. 14 No. 1 (2025): Maqasid Jurnal Studi Hukum Islam
Publisher : Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v14i1.27554

Abstract

This article provides a comprehensive analysis of Supreme Court Circular Letter (SEMA) No. 2 of 2023 concerning the registration of interfaith marriages in Indonesia, specifically through the lens of Maqasid Syariah. It delves into the legal, philosophical, religious, and human rights dimensions, presenting both arguments supporting and opposing the SEMA. The research employs a normative juridical method, utilizing statutory, conceptual, and case approaches, drawing from primary and secondary legal materials, including relevant jurisprudence. The analysis reveals that SEMA No. 2 of 2023, while aiming for legal certainty and uniformity in interpreting the Marriage Law, faces significant challenges. Its proponents emphasize legal positivism, natural law, and Pancasila values to uphold the sacredness of marriage and public morality, often aligning with the preservation of religion and lineage as per Maqasid Syariah. Conversely, opponents argue that the SEMA infringes upon human rights, contradicts legal pluralism, and possesses weak legal standing as a circular letter. The study highlights inconsistencies in judicial interpretations, particularly regarding Constitutional Court Decision No. 71/PUU-XX/2022 and post-SEMA district court rulings, which complicate its practical implementation. The SEMA's restrictive stance may inadvertently lead to legal subterfuge and create legal uncertainties for families, especially concerning children's status and inheritance rights, which can be viewed as detrimental to the preservation of offspring and property in Maqasid Syariah. This article concludes by suggesting the need for legislative reform to harmonize marriage laws with Indonesia's pluralistic society and human rights principles, while also considering the broader objectives of Maqasid Syariah. Keywords: Interfaith Marriage, SEMA No. 2 Tahun 2023, Maqasid Syariah.
Pendampingan Keluarga Perspektif Teori Ketahanan Keluarga Froma Walsh : (Studi Pada Keluarga Dampingan Lazis Sabilillah Kota Malang) Naqiyyatussa'diyah; CH, Mufidah; Aunul Hakim, Muhammad
Maqasid: Jurnal Studi Hukum Islam Vol. 14 No. 2 (2025): Maqasid Jurnal Studi Hukum Islam
Publisher : Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v14i2.26319

Abstract

Families who have economically vulnerable conditions sometimes need strengthened resilience because there are various problems that come to them. Lazis Sabilillah Malang city has a program called family assistance with the aim of helping families and underprivileged people who live in Malang City in the form of education, economy, health, and spirituality. Therefore, Walsh's theory regarding the importance of belief systems, organizational patterns, and communication processes is important to study for families facing various challenges in order to maintain family resilience and develop. This research is a type of empirical research with a legal sociology approach. The data source consists of primary data through Lazis Sabilillah assisted family informants and secondary data obtained from books, journals, related legislation. data collection through interviews and documentation. The results showed that the program provided by Lazis Sabilillah was very helpful and effective for the assisted families, besides that the program that had a lot of influence and benefits for the assisted families was spiritual, educational, economic, and finally the health program. Regarding family assistance carried out by Lazis Sabilillah is a reflection of the Walsh family resilience principle. In building meaning during crisis situations, it can mobilize the economy, and strengthen communication in family members. However, most of the assisted family informants have not fulfilled the three Walsh family resilience indicators due to various factors behind them. Keywords: Assisted Families; Family Resilience, Froma Walsh Theory
Strategi Publikasi Karya Ilmiah Pada Jurnal Internasional Dalam Bidang Hukum Keluarga Islam Muslih, Muslih; Rahman, Rahman; Haqq, Muhammad Valiyyul
Maqasid: Jurnal Studi Hukum Islam Vol. 14 No. 2 (2025): Maqasid Jurnal Studi Hukum Islam
Publisher : Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v14i2.26382

Abstract

Scientific publication is a crucial stage in scholarly development, particularly in the field of Islamic family law. This article aims to analyze strategies for publishing scientific works in the context of Islamic family law research in international journals. The methodology used is descriptive qualitative through literature study with content analysis of scientific publication guidelines and policy documents from various international publishers. Research findings indicate that successful international publication in Islamic family law requires a systematic approach encompassing innovative topic selection, structured methodology implementation, utilization of interdisciplinary perspectives, and understanding the editorial process of target journals. Key challenges include language barriers, differences in academic traditions, and limited access to global research networks. Recommended strategies include international collaboration, research capacity development, and integration of Islamic values with contemporary approaches. This research contributes as a practical guide for Islamic family law academics in enhancing the visibility of their scientific work on a global scale. Keywords: international publication, scientific work, Islamic family law, research methodology, reputable journals
Konsep Kafa’ah Maliyah Dalam Perkawinan Suku Bugis Pada Suku Jawa Perspektif Maslahah Mursalah : (Studi Kerukunan Keluarga Sulawesi Selatan) Hafshah; Fakhruddin; Thoriquddin, Moh
Maqasid: Jurnal Studi Hukum Islam Vol. 14 No. 2 (2025): Maqasid Jurnal Studi Hukum Islam
Publisher : Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqs.v14i2.26484

Abstract

This article discusses the concept of kafa'ah maliyah (economic equality) in the context of inter-ethnic marriage between the Bugis and Javanese communities, focusing on the Kerukunan Keluarga Sulawesi Selatan (KKSS) community in Malang City. This study is motivated by differences in cultural views between the Bugis tribe who emphasize the importance of financial readiness, especially through the practice of "uang panai'", and the Javanese community who emphasize harmony and simplicity in marriage. This study uses a qualitative approach with a juridical-empirical method and a sociological approach. Data were obtained through interviews with members of the KKSS community and direct observation. The results of the study indicate that the concept of kafa'ah maliyah is still an important consideration in the Bugis community in the diaspora, but has undergone cultural adaptation when dealing with the Javanese community. From the perspective of maslahah mursalah, the application of kafa'ah maliyah is considered relevant as long as it does not cause difficulties and maintains the welfare of the household. This article concludes that economic equality remains an important aspect in maintaining household stability, especially in the context of intercultural marriage.

Page 24 of 35 | Total Record : 342

 22   23   24   25   26 

Filter by Year

2012 2026


Reset
Filter By Issues
All Issue Vol. 15 No. 1 (2026): Maqasid: Jurnal Studi Hukum Islam Vol. 14 No. 3 (2025): Maqasid Jurnal Studi Hukum Islam Vol. 14 No. 2 (2025): Maqasid Jurnal Studi Hukum Islam Vol. 14 No. 1 (2025): Maqasid Jurnal Studi Hukum Islam Vol 13 No 2 (2024): Hukum Keluarga Islam Vol. 13 No. 2 (2024): Hukum Keluarga Islam Vol 13 No 1 (2024): Dinamika Hukum Keluarga Vol. 13 No. 1 (2024): Dinamika Hukum Keluarga Vol. 12 No. 2 (2023) Vol 12 No 2 (2023) Vol 12 No 1 (2023) Vol. 12 No. 1 (2023) Vol. 11 No. 2 (2022) Vol 11 No 2 (2022) Vol 11, No 2 (2022) Vol 11 No 1 (2022) Vol 11, No 1 (2022) Vol. 11 No. 1 (2022) Vol 10 No 2 (2021) Vol. 10 No. 2 (2021) Vol. 10 No. 1 (2021) Vol 10 No 1 (2021) Vol 9, No 2 (2020) Vol. 9 No. 1 (2020) Vol 9 No 1 (2020) Vol 8, No 2 (2019) Vol 8, No 1 (2019) Vol 7, No 2 (2018) Vol 7, No 1 (2018) Vol 6, No 2 (2017) Vol 6, No 1 (2017) Vol 5, No 2 (2016) Vol 5, No 1 (2016) Vol 4, No 2 (2015) Vol 4, No 1 (2015) Vol 3, No 2 (2014) Vol 3, No 1 (2014) Vol 2, No 2 (2013) Vol 2, No 1 (2013) Vol 1, No 2 (2012) More Issue